3 Stress-Saving Don’ts of Divorce Mediation

divorce-mediationEven with its collaborative nature and focus on neutrality, divorce mediation isn’t always successful. From an unwillingness to compromise and high conflict to a biased mediator, there are plenty of ways in which it can fail – but don’t lose hope just yet.

If you’ve tried and failed with divorce mediation, it may serve you well to give it another shot with a new mediator. 

 

Why Divorce Mediation Fails

Just because you and your spouse can’t finish the mediation process doesn’t mean it’s failed completely. Sometimes, couples will mediate certain portions of their divorce that they can agree on, and then litigate the rest. Still, there are a few common reasons why divorce mediation may fail to proceed to a complete settlement:

 

A Lack of Compromise

Progress is difficult if you’re unwilling to work together. Oftentimes, divorce mediation will fail because ex-spouses aren’t motivated to reach an agreeable decision or solution. Just remember that divorce mediation takes ample time, energy, and compromise. By not collaborating and attending mediation sessions, for example, your mediation fees will be effectively wasted. 

 

Conflict Is High

Broken hearts and high emotions can easily produce a high-conflict divorce. These cases don’t just reflect a lack of compromise – they entail a lack of respect and civility, making collaboration quite difficult. If one or both spouses decide they can’t put their emotions aside, divorce mediation can quickly become a heated case of litigation. 

 

Your Mediator Is Biased

Lastly, if your mediator even slightly takes a side, the whole process can be compromised. Not only can the favored spouse potentially get a better deal due to a mediator’s influence, but the unfavored party can get triggered and launch into litigation. If you’ve had issues with a biased mediator, we’d suggest finding a new one and starting the process fresh. 

 

Is Litigation Necessary?

Oftentimes, parents and ex-spouses will have a bad taste in their mouth following a negative divorce mediation experience. Whether it be due to lacking compromise, a high-conflict situation, or a biased mediator, your efforts may not have been wasted. We’ve worked with plenty of couples who’ve made minimal progress in mediation prior to calling our offices. Consider giving divorce mediation another try with a Mission Viejo divorce mediator – and if conflict is too high, we’ll lend a hand with litigation as well. 

 

Consult the Law Offices of Jennifer Owens Regarding Your Orange County Custody Battle

Divorce is an emotional journey to endure. On top of the bitterness and anger which often result from a formal separation, the subsequent legal battles tend to make the whole process even more painful. At the Law Offices of Jennifer Owens, we revel in the power of choice. When spouses face divorce, they’re presented with a slew of decisions with a handful of potential outcomes. Our attorneys are believers in the best possible outcome, where a former couple chooses peace over destruction so that they can finally move on to their next chapter. We can help with that. No matter your desired path – divorce mediation, a negotiated settlement, or even litigation – The Law Offices of Jennifer Owens will achieve the best possible outcome by reaching a settlement that keeps all involved parties in mind. Visit our website to review our family law services or contact us online for a free consultation

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